S.N.DHINGRA
NEETA TREHAN – Appellant
Versus
GOPAL KRISHAN – Respondent
Shiv Narayan Dhingra, J.
By present appeal, the appellants have assailed an order dated 23rd September, 1991 passed by Motor Accident Claims Tribunal on two counts. The first that the compensation awarded by the learned Tribunal was not just and fair, it was inadequate and the other that the Tribunal wrongly held that the liability of the insurance company was limited only to pay a sum of Rs. 1,50,000/- and balance was to be recovered from the owner of the vehicle.
2. Brief facts relevant for the purpose of deciding this appeal are that on 26th October, 1982, Sh. Yogesh Trehan (appellant No. 2 herein) and his father Sh. Yashpal Trehan were going on two wheeler scooter No. DLU-1675 being driven by Sh. Yogesh Trehan and they were hit by a truck bearing No. DHG-6383 with the result that father and son both fell from the scooter. While son who was driving the scooter fell on one side, the father fell on the other side and the father was run over by the truck. It was alleged that the truck was being driven rashly and negligently by its driver. His father died on the spot.
3.
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